David Kipterer Mwitari v Republic

Mwitari v Republic (Criminal Appeal E169 of 2022) [2026] KEHC 5886 (KLR) (28 April 2026) (Judgment) Neutral citation: [2026] KEHC 5886 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CRIMINAL APPEAL E169 OF 2022 SM GITHINJI, J APRIL 28, 2026 BETWEEN DAVID KIPTERER MWITARI ............................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT JUDGMENT 1. For an ofience of defilement where the victim was aged 15 years old, the Appellant upon trial was sentenced to serve 20 years imprisonment. 2. He now raises an Appeal on the ground that the period spent in custody was not weighed and the Prosecution/Respondent are not opposed to the said Appeal. 3. Having gone through the Judgment and sentence imposed, I have noted that the said period was not considered. 4. The Appellant was arrested on 6/11/2010 and managed bond on 3/2/2011. He was therefore in custody for a period of 88 days. If we substract 88 days from the sentence of 20 years, we get 19 years, 9 months and 2 days. 5. The sentence is reduced to the said period. The Appeal therefore succeeds. DATED AND DELIVERED AT MERU THIS 28TH DAY OF APRIL, 2026. S.M. GITHINJI –JUDGE 28/4/2026 In the presence of:Appellant present in Meru G.K Prison. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5886/eng@2026-04-28 1

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